[Federal Register Volume 78, Number 36 (Friday, February 22, 2013)]
[Proposed Rules]
[Pages 12256-12259]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-04045]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2013-0092; Directorate Identifier 2012-NM-067-AD]
RIN 2120-AA64
Airworthiness Directives; Embraer S.A. Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: We propose to adopt a new airworthiness directive (AD) for
certain Embraer S.A. Model ERJ 170 and ERJ 190 airplanes. This proposed
AD was prompted by reports of chafing between the auxiliary power unit
(APU) electronic starter controller (ESC) power cables and the airplane
tail cone firewall. This proposed AD would require a detailed
inspection for damage to the insulation and inner conductors of the APU
ESC power cables, installing
[[Page 12257]]
new grommet support in the tail cone firewall, and corrective actions
if necessary. We are proposing this AD to detect and correct damage to
the APU ESC power cable harness, which if not corrected, could result
in reduced structural integrity of the fuselage and empennage in the
event of fire penetration through the firewall.
DATES: We must receive comments on this proposed AD by April 8, 2013.
ADDRESSES: You may send comments by any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
Fax: (202) 493-2251.
Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
Hand Delivery: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
For service information identified in this proposed AD, contact
Embraer S.A., Technical Publications Section (PC 060), Av. Brigadeiro
Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos Campos--SP--
BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732; fax +55 12
3927-7546; email [email protected]; Internet http://www.flyembraer.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Examining the AD Docket
You may examine the AD docket on the Internet at http://www.regulations.gov; or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The AD docket contains this proposed AD, the regulatory
evaluation, any comments received, and other information. The street
address for the Docket Operations office (telephone (800) 647-5527) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.
FOR FURTHER INFORMATION CONTACT: Cindy Ashforth, Aerospace Engineer,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone (425) 227-2768;
fax (425) 227-1149.
SUPPLEMENTARY INFORMATION:
Comments Invited
We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2013-0092;
Directorate Identifier 2012-NM-067-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD based on those comments.
We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.
Discussion
The Ag[ecirc]ncia Nacional de Avia[ccedil][atilde]o Civil (ANAC),
which is the aviation authority for Brazil, has issued Brazilian
Airworthiness Directives 2012-03-03 and 2012-03-04, both dated April
13, 2012 (referred to after this as ``the MCAI''), to correct an unsafe
condition for the specified products. The MCAI states:
It has been found the occurrences of chafing between the
Auxiliary Power Unit (APU) Electronic Starter Controller (ESC) power
cables (harness W205) and the airplane tail cone firewall due to the
grommet installed in the tail cone firewall moves out of its place.
This condition, if not corrected, may result in reduced structural
integrity of the fuselage and empennage in an event of fire
penetration through the firewall.
The required actions include a detailed inspection for damage to the
harness insulation and inner conductors of the APU ESC power cables,
installing a new grommet support in the tail cone firewall, and
corrective actions if necessary. Corrective actions include repairing
the harness W205 insulation or replacing the harness W205 of the APU
ESC power cables with a new harness. You may obtain further information
by examining the MCAI in the AD docket.
Relevant Service Information
Embraer has issued Service Bulletin 170-53-0093, Revision 01, dated
March 16, 2012 (for Model ERJ 170 airplanes); Service Bulletin 190-53-
0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes);
and Service Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012
(for Model ERJ 190-100 ECJ airplanes). The actions described in this
service information are intended to correct the unsafe condition
identified in the MCAI.
FAA's Determination and Requirements of This Proposed AD
This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.
Differences Between This AD and the MCAI or Service Information
Although Brazilian Airworthiness Directive AD 2012-03-04, dated
April 13, 2012, specifies a compliance time of ``within 3,000 flight
hours (FH)'' after the effective date of this AD for performing a
detailed inspection on the APU ESC power cables for damage, this AD
requires the action be done within 3,000 flight hours (FH) or 18 months
after the effective date of this AD, whichever occurs first. This
proposed compliance time aligns with the compliance time listed in
Brazilian AD 2012-03-03, dated April 13, 2012.
Costs of Compliance
Based on the service information, we estimate that this proposed AD
would affect about 253 products of U.S. registry. We also estimate that
it would take about 15 work-hours per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Required parts would cost about $0 per product. Where the
service information lists required parts costs that are covered under
warranty, we have assumed that there will be no charge for these parts.
As we do not control warranty coverage for affected parties, some
parties may incur costs higher than estimated here. Based on these
figures, we estimate the cost of the proposed AD on U.S. operators to
be $322,575, or $1,275 per product.
Authority for This Rulemaking
Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. ``Subtitle VII: Aviation
Programs,'' describes in more detail the scope of the Agency's
authority.
[[Page 12258]]
We are issuing this rulemaking under the authority described in
``Subtitle VII, Part A, Subpart III, Section 44701: General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.
Regulatory Findings
We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
For the reasons discussed above, I certify this proposed
regulation:
1. Is not a ``significant regulatory action'' under Executive Order
12866;
2. Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979);
3. Will not affect intrastate aviation in Alaska; and
4. Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.
We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
The Proposed Amendment
Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:
PART 39--AIRWORTHINESS DIRECTIVES
0
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
Sec. 39.13 [Amended]
0
2. The FAA amends Sec. 39.13 by adding the following new AD:
Embraer S.A.: Docket No. FAA-2013-0092; Directorate Identifier 2012-
NM-067-AD.
(a) Comments Due Date
We must receive comments by April 8, 2013.
(b) Affected ADs
None.
(c) Applicability
This AD applies to the airplane models identified in paragraphs
(c)(1) and (c)(2) of this AD.
(1) Embraer S.A. Model ERJ 170-100 LR, -100 STD, -100 SE., and -
100 SU airplanes; and Model ERJ 170-200 LR, -200 SU, and -200 STD
airplanes; certificated in any category; as identified in Embraer
Service Bulletin 170-53-0093, Revision 01, dated March 16, 2012.
(2) Embraer S.A. Model ERJ 190-100 STD, -100 LR, -100 ECJ, and -
100 IGW airplanes; and Model ERJ 190-200 STD, -200 LR, and -200 IGW
airplanes; certificated in any category; as identified in Embraer
Service Bulletin 190-53-0054, Revision 01, dated March 16, 2012; and
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March
16, 2012.
(d) Subject
Air Transport Association (ATA) of America Code 53, Fuselage.
(e) Reason
This AD was prompted by reports of chafing between the auxiliary
power unit (APU) electronic starter controller (ESC) power cables
and the airplane tail cone firewall. We are issuing this AD to
detect and correct damage to the APU ESC power cable harness, which
could result in reduced structural integrity of the fuselage and
empennage in the event of fire penetration through the firewall.
(f) Compliance
You are responsible for having the actions required by this AD
performed within the compliance times specified, unless the actions
have already been done.
(g) Detailed Inspection, Installation, and Corrective Actions
Within 3,000 flight hours or 18 months after the effective date
of this AD, whichever occurs first: Do a detailed visual inspection
for damage to the insulation and inner conductors of the APU ESC
power cables (harness W205), in accordance with the Accomplishment
Instructions of Embraer Service Bulletin 170-53-0093, Revision 01,
dated March 16, 2012 (for Model ERJ 170 airplanes); Embraer Service
Bulletin 190-53-0054, Revision 01, dated March 16, 2012 (for Model
ERJ 190 airplanes except for Model ERJ 190-100 ECJ airplanes); and
Embraer Service Bulletin 190LIN-53-0059, Revision 01, dated March
16, 2012 (for Model ERJ 190-100 ECJ airplanes).
(1) If no damage is found, before further flight, install a new
grommet support having part number (P/N) 191-21716-003 in the tail
cone firewall, in accordance with the Accomplishment Instructions of
Embraer Service Bulletin 170-53-0093, Revision 01, dated March 16,
2012 (for Model ERJ 170 airplanes); Embraer Service Bulletin 190-53-
0054, Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes
except for Model ERJ 190-100 ECJ airplanes); and Embraer Service
Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 (for
Model ERJ 190-100 ECJ airplanes).
(2) If any damage is found during any inspection required in
paragraph (g) of this AD, that affects only the insulation of
harness W205 of the APU ESC power cables: Before further flight,
repair the insulation and install a new grommet support having P/N
191-21716-003 in the tail cone firewall, in accordance with the
Accomplishment Instructions of Embraer Service Bulletin 170-53-0093,
Revision 01, dated March 16, 2012 (for Model ERJ 170 airplanes);
Embraer Service Bulletin 190-53-0054, Revision 01, dated March 16,
2012 (for Model ERJ 190 airplanes except for Model ERJ 190-100 ECJ
airplanes); or Embraer Service Bulletin 190LIN-53-0059, Revision 01,
dated March 16, 2012 (for Model ERJ 190-100 ECJ airplanes).
(3) If any damage is found during any inspection required in
paragraph (g) of this AD that affects the insulation of harness W205
of the APU ESC power cables and the inner conductors: Before further
flight, replace the harness with a new harness and install a new
grommet support having P/N 191-21716-003 in the tail cone firewall,
in accordance with the Accomplishment Instructions of Embraer
Service Bulletin 170-53-0093, Revision 01, dated March 16, 2012 (for
Model ERJ 170 airplanes); Embraer Service Bulletin 190-53-0054,
Revision 01, dated March 16, 2012 (for Model ERJ 190 airplanes
except for Model ERJ 190-100 ECJ airplanes); and Embraer Service
Bulletin 190LIN-53-0059, Revision 01, dated March 16, 2012 (for
Model ERJ 190-100 ECJ airplanes).
(h) Other FAA AD Provisions
The following provisions also apply to this AD:
(1) Alternative Methods of Compliance (AMOCs): The Manager,
International Branch, ANM-116, Transport Airplane Directorate, FAA,
has the authority to approve AMOCs for this AD, if requested using
the procedures found in 14 CFR 39.19. In accordance with 14 CFR
39.19, send your request to your principal inspector or local Flight
Standards District Office, as appropriate. If sending information
directly to the International Branch, send it to ATTN: Cindy
Ashforth, Aerospace Engineer, International Branch, ANM-116,
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton,
WA 98057-3356; phone: 425-227-2768; fax: 425-227-1149. Information
may be emailed to: [email protected]. Before using any
approved AMOC, notify your appropriate principal inspector, or
lacking a principal inspector, the manager of the local flight
standards district office/certificate holding district office. The
AMOC approval letter must specifically reference this AD.
(2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
[[Page 12259]]
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.
(i) Related Information
(1) Refer to Mandatory Continuing Airworthiness Information
(MCAI) Brazilian Airworthiness Directives 2012-03-03 and 2012-03-04,
dated April 13, 2012; and the service information specified in
paragraphs (i)(1)(i), (i)(1)(ii), and (i)(1)(iii) of this AD; for
related information.
(i) Embraer Service Bulletin 170-53-0093, Revision 01, dated
March 16, 2012.
(ii) Embraer Service Bulletin 190-53-0054, Revision 01, dated
March 16, 2012.
(iii) Embraer Service Bulletin 190LIN-53-0059, Revision 01,
dated March 16, 2012.
(2) For service information identified in this AD, contact
Embraer S.A., Technical Publications Section (PC 060), Av.
Brigadeiro Faria Lima, 2170--Putim--12227-901 S[atilde]o Jose dos
Campos--SP--BRASIL; telephone +55 12 3927-5852 or +55 12 3309-0732;
fax +55 12 3927-7546; email [email protected]; Internet http://www.flyembraer.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue SW., Renton, WA. For information on the availability of this
material at the FAA, call 425-227-1221.
Issued in Renton, Washington, on February 11, 2013.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2013-04045 Filed 2-21-13; 8:45 am]
BILLING CODE 4910-13-P